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6.2.A. - Page 29 <br />Bond M 929587351 <br />ATTACHMENT L°c" Premium: 2,713,00 <br />FAITHFUL. PERFORMANCE BOND <br />KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City of Redwood City("City"), <br />San Mateo County, State of California, has issued an Encroachment to <br />Granite Rock Company , hereinafter designated as the <br />"Principal", for constructing the following project: Site Improvements (on & off) for 24 Hour <br />Fitness (N) including wet utilities, joint trench, stormwater treatment, surface improvements , and <br />WHEREAS, said Principal is required under the terms of the permit to furnish a bond for the <br />faithful performance of said Permit; <br />NOW, THEREFORE, we, the Principal, and Western Surety Company , as <br />surety, are held and firmly bound unto City, San Mateo County, California, in the penal sum of <br />One Hundred Thirty Five Thousand Six Hundred Sixty Four & 001100------- Dollars ($ 135,664.00 ) <br />lawful money of the United States, being one hundred percent (100%) of the Permit amount, for <br />the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, <br />administrators and successors, jointly and severally, firmly by these presents. <br />THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or <br />its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide <br />by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in <br />the said Permit and any alterations made as therein provided, on his or their part, to be kept and <br />performed at the time and in the manner therein specified, and in all respects according to their <br />true intent and meaning, and shall indemnify and save harmless City, its Council, <br />Commissioners, boards, committees, officers, employees and agents, as therein stipulated, <br />then this obligation shall be null and void; otherwise it shall be and remain in full force and <br />virtue. <br />And the said Surety, for value received, hereby stipulates and agrees to waive the provisions of <br />California Civil Code Section 2819 regarding consent to change, extension of time, alteration, or <br />addition to the terms of the Permit or to the work to be performed thereunder or the <br />Specifications accompanying the same shall in any wise affect its obligations on this bond; and <br />it does hereby waive notice of any such change, extension of time, alteration or addition to the <br />terms of the Permit, or to the work, or to the Specifications. <br />In the event City, or its successors or assigns, shall be the prevailing party in an action brought <br />upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the <br />said City, or its successors or assigns, a reasonable sum on account of attorney's fees in such <br />action, which sum shall be fixed by the court. <br />